Opponents of a portable breathalyzer machine used on suspected drunken drivers are celebrating the ruling by a judge who says the devices are not scientifically reliable and may not be used as evidence in a case in Marietta.
An Ohio Department of Health spokesperson says the state bought hundreds of the Intoxilyzer 8000 machines because tests supported its reliability. 400 machines are used by authorities around Ohio. Some judges have sided with the state, but a few have excluded the results from drunken driving cases. One such ruling came last week from a judge hearing eight consolidated cases in Marietta in which motorists challenged the results. Columbus attorney Tim Huey has challenged the machines for years and says the ruling will not immediately end the challenge.